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Navigating the DACA Petition Process

A Comprehensive Guide for Dreamers

For young undocumented immigrants in the United States, the Deferred Action for Childhood Arrivals (DACA) program offers protection from deportation and authorization to work legally in the country. However, the process of obtaining and renewing DACA status can be complex and daunting. Here's a step-by-step guide to understanding and successfully navigating the DACA petition process.

Step 1: Eligibility Assessment:

The first step in the DACA petition process is determining eligibility. To qualify for DACA, individuals must meet certain criteria, including:

  • Having arrived in the U.S. before the age of 16
  • Having continuously resided in the U.S. since June 15, 2007
  • Being under the age of 31 as of June 15, 2012
  • Being in school, have graduated from high school, obtained a GED, or been honorably discharged from the military
  • Not having been convicted of certain crimes

Step 2: Form I-821D Application:

Once eligibility is established, eligible individuals can file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with the United States Citizenship and Immigration Services (USCIS). This form serves as the primary application for DACA status and includes biographic information, evidence of eligibility, and supporting documentation.

Step 3: Biometrics Appointment:

After submitting Form I-821D, applicants are typically scheduled for a biometrics appointment at a USCIS Application Support Center (ASC). During this appointment, applicants provide fingerprints, photographs, and signature for background checks and to verify identity.

Step 4: Request for Additional Evidence:

In some cases, USCIS may issue a Request for Evidence (RFE) to request additional documentation or information in support of the DACA application. Applicants should promptly respond to any requests to avoid delays in processing.

Step 5: DACA Approval:

After reviewing the DACA application and conducting background checks, USCIS will make a decision on the application. If approved, the applicant will receive DACA status, which provides protection from deportation and work authorization for a renewable period of two years.

Step 6: Renewal of DACA Status:

DACA recipients must renew their status every two years to maintain their protection from deportation and work authorization. The renewal process involves filing Form I-821D and meeting the eligibility criteria for renewal, including continuous residence in the U.S. since the most recent DACA approval and not having departed the U.S. without advance parole.

How KPB Immigration Law Firm can Assist you

Successfully navigating the DACA petition process represents a crucial milestone for young undocumented immigrants aiming to establish a future in the United States. Understanding the intricacies of eligibility criteria, meticulously completing application forms, and promptly addressing any requests for supplementary evidence are pivotal steps in bolstering the likelihood of securing and renewing DACA status. With the support and guidance of KPB Immigration Law Firm, DACA applicants can confidently navigate these complexities, ensuring a smoother journey towards realizing their aspirations and making meaningful contributions to their communities.